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HomeMy WebLinkAboutR-01-1120J-01-827 09/25/0. RESOLUTION NO. h x. A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RUTH DIAZ AND OSCAR DIAZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $45,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND ED CROUGHWELL, VIONA BROWNE AND CHARLEY BRAYNEN, FOR THE CASE RUTH DIAZ AND OSCAR DIAZ VS. CITY OF MIAMI, CHARLEY BRAYNEN, VIONA BROWNE AND SGT. ED CROUGHWELL, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 99-14937 CA (21), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. WHEREAS, Ruth Diaz and Oscar Diaz, filed a claim and lawsuit against the City of Miami and Charley Braynen, Viona Browne and Ed Croughwell, in the Circuit Court of the Eleventh Judicial District, Case No. 99-14937 CA (21), in, Miami, Miami -Dade County, Florida; and WHEREAS, the above claim and lawsuit have been investigated by the Tort Committee of the City Attorney's Office and the Division of Risk Management pursuant to Section 18-232 of the Code of the City of Miami, Florida, as amended, which created the CITY COMMISSION MEE'1 YVG ©F T A_, ! A.4V City of Miami's Insurance and Self -Insurance 'Trust Fund and said Offices recommend that said claim and lawsuit be settled for the sum of $45,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is hereby authorized to pay Ruth Diaz and Oscar Diaz, without admission of liability, the sum of $45,000 in full and complete settlement of any and all claims and demands against the City of Miami, for the case Ruth Diaz and Oscar Diaz vs. City of Miami, Charley Braynen, Viona Browne and Sgt. Ed Croughwell in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 99--14937 CA (21), upon the execution of a general release releasing the City of Miami, its present and former officers, agents and employees from any and all claims and demands, with funds therefore hereby allocated from the Self - Insurance Trust and Insurance Fund, Index Code No. 515001.624401.6.652. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayors/. i� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 PASSED AND ADOPTED this 25th day of October ATTEST: 1 2001. JOE CAROLLO, MAYOR vvd-1 khk,:m?; ttin Maym cild not vpni-r-1 Ulf witil till. f - .a tr.'q regatdirq� same, witliou'L ti-w� Map 1 (11 WALTER J. FOEMAN CITY CLERK APPROVED ASCO FIORD AND CORRECTNESSt'-.- on wff) W, I C W5668/JC)h/dd Page 3 of 3 0 0 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members df the/q* Commission FROM: Alejandro Vi DATE: October 16, CA -7 RE: Proposed ettl n City Commission Agenda -October 25, 2001 ` Ruth Di sc Diaz vs. City of Miami, et al. Dade Ci t Co Case No. 99-14937 CA 21 Claim No. Din; (J-01-827) This tort claim of the Plaintiffs, Ruth and Oscar Diaz, for false arrest and imprisonment and battery is against the City of Miami and three individual officers for malicious prosecution. These claims arise out of a warrantless arrest in the early morning hours of April 15, 1997, that resulted in the full custodial arrest of Ruth Diaz for violating an ordinance that requires vending machines to display a city issued license, and the arrest of Oscar Diaz for resisting arrest without violence. Plaintiffs seek both compensatory (bond money, lost wages, attorney's fees, out of pocket medical expenses for prescription medications not covered by insurance, and loss of earning capacity) and punitive damages for mental and emotional suffering and distress, physical pain and injury. Ruth Diaz alleges that she is suffering from severe mental illness, including post-traumatic stress disorder caused by the incident. The attached proposed Resolution seeks authorization for the settlement of all claims against the City of Miami and the officers, without admission of liability, in the amount of $40,500 payable to Ruth Diaz and $4,500.00 to Oscar Diaz. The Torts Committee of the City Attorney's Office and the Risk Management Division have investigated and evaluated this case and have approved the recommendation of this settlement. Funds in the amount. of $45,000 will be allocated from the Insurance and Self -Insurance Trust Fund, Index Code No. 515001.624401.6.652. AV/JOB/dd Attachment c: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator W039WM f 171 0 CITY Q,F� Mt�Mti�•;. CITY ATTOOFFICE MEMOR.ANDtJM TO: Linda Haskins, Director, Department of Management and Budget Mario Soldevilla, Administrator, Division of Risk Management FROM: Maria J. Chiaro, Assistant City Attorne t DATE: October 3, 2001 RE: Financial review and approval for payment of settlement Proposed Resolution — City Commission Meeting of October 25, 2001 Case of Ruth and Oscar Diaz vs. City of Miami, et al. Eleventh Judicial Circuit Case No. 99-14937 CA (2 1) (J-01-827) Attached is a copy of a resolution scheduled for the City Commission Agenda of October 25, 2001, requesting payment of a settlement in the case of Ruth and Oscar Diaz vs. City of Miami, et al., Eleventh Judicial Circuit Case No. 99-14937 CA (21). Funds in the amount of $40,500 payable to Ruth Diaz and $4,500 payable to Oscar Diaz are available from the Self-insurance and insurance Trust Fund, Index Code No. 515001.624401.6.652. Please indicate your review and approval herein below by affixing your signature and return this original memorandum to Lugena Boles, Administrative Assistant of this office as soon as possible. REVIEW AND APPROVAL BY THE REVIEW AND APPROVAL BY THE RISK MANAGEMENT DIVISION: DEPARTMENT OF MANAGEMENT AND BUDGET: r . . . . . ... .... .. ............. • 1 MARIO SOLDEVILLA .01. LINDA HASKINS ADMINISTRATOR DIRECTOR W620: LB .. �.. :L U 0 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEIN oRANDUM TO: Mayor and Members/f they Commission FROM: Alejandro V DATE: October 16, 0 RE: Proposed ettln City Commission Agenda -October 25, 2001 Ruth Di /it sc Diaz vs. City of Miami, et al. Dade Ci oo Case No. 99-14937 CA 21 Claim No. 007/P -99-002 (J-01-827) This tort claim of the Plaintiffs, Ruth and Oscar Diaz, for false arrest and imprisonment and battery is against the City of Miami and three individual officers for malicious prosecution. These claims arise out of a warrantless arrest in the early morning hours of April 15, 1997, that resulted in the full custodial arrest of Ruth Diaz for violating an ordinance that requires vending machines to display a city issued license, and the arrest of Oscar Diaz for resisting arrest without violence. Plaintiffs seek both compensatory (bond money, lost wages, attorney's fees, out of pocket medical expenses for prescription medications not covered by insurance, and loss of earning capacity) and punitive damages for mental and emotional suffering and distress, physical pain and injury. Ruth Diaz alleges that she is suffering from severe mental illness, including post-traumatic stress disorder caused by the incident. The attached proposed Resolution seeks authorization for the settlement of all claims against the City of Miami and the officers, without admission of liability, in the amount of $40,500 payable to Ruth Diaz and $4,500.00 to Oscar Diaz. The Torts Committee of the City Attorney's Office and the Risk Management Division have investigated and evaluated this case and have approved the recommendation of this settlement. Funds in the amount of $45,000 will be allocated from the Insurance and self -Insurance Trust bund, Index Code No. 515001.624401.6.652. AV/JOB/dd Attachment c: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator W034cont r� x• CITY F Mi' tM:I�•;;, CITY AlTO�Y' OFFICE MEMq�- DUM TO: Linda Haskins, Director, Department of Management and Budget Mario Soldevilla, Administrator, Division of Risk Management FROM: Maria J. Chiaro, Assistant City Attorneo DATE: October 3, 2001 RE: Financial review and approval for payment of settlement Proposed Resolution — City Commission Meeting of October 25, 2001 Case of Ruth and Oscar Diaz vs. City of Miami, et al. Eleventh Judicial Circuit Case No. 99-14937 CA (2 1) (J-01-827) Attached is a copy of a resolution scheduled for the City Commission Agenda of October 25, 2001, requesting payment of a settlement in the case of Ruth and Oscar Diaz vs. City of Miami, et al., Eleventh Judicial Circuit Case No. 99-14937 CA (21). Funds in the amount of $40,500 payable to Ruth Diaz and $4,500 payable to Oscar Diaz are available from the Self -Insurance and Insurance Trust Fund, Index Code No, 515001.624401,6.652. Please indicate your review and approval herein below by affixing your signature and return this original memorandum to Lugena Boles, Administrative Assistant of this office as soon as possible. REVIEW AND APPROVAL BY THE RISK MANAGEMENT DIVISION: -,,nntla . MARIO SOLDEVILLA ADMINISTRATOR W620:LB REVIEW AND APPROVAL BY THE DEPARTMENT OF MANAGEMENT AND BUDGET: ,. LINDA HASKINS DIRECTOR 1 a€ r0